Constitutional Structure of Pakistan Occupied Kashmir

By: teawithrev

Pakistan Occupied Kashmir (PoK) has its own `constitution’, the so-called “Azad Jammu and Kashmir Interim Constitution Act of 1974’’, and a locally chosen parliamentary form of government. This sort of constitution allows for many of the structures that comprise a self-governing state, including a legislative assembly `elected’ through periodic elections, a `Prime Minister’ who commands the majority in the assembly, an indirectly elected president, an `independent’ judiciary, and local government institutions.

But these provisions are all hollow. Under Section 56 of  PoK’s `Jammu and Kashmir Interim Constitution Act’ (which was drafted by the Federal Ministries of Law and Kashmir Affairs in Islamabad), the Pakistani government can dismiss any elected government in PoK  irrespective of the support it may enjoy in Muzaffarabad  Legislative Assembly. The Interim Constitution Act provides for two executive forums—the “Azad Kashmir Government’’ in Muzaffarabad and the “Azad Kashmir Council’’ in Islamabad.

PoK remains for all intents, purposes under Pakistan’s control

The latter body, presided over by the Prime Minister of Pakistan, exercises paramount authority over the PoK Legislative Assembly, which cannot challenge decisions of the Council. The Council is under the numerical control of the federal government in Islamabad, as in addition to the Pakistani Prime Minister it comprises six other federal ministers, the minister of Kashmir Affairs as the ex-officio member, the `Prime Minister’ of PoK, and six PoK members `elected by the Legislative Assembly’. The interim Constitution Act lists fifty-two subjects—virtually everything of any importance—that are under the jurisdiction of the PoK Council, which has been described as the “supra power” by PoK  High Court. Its decisions are final and not subject to judicial review.

Thus, PoK remains for all intents and purposes under Pakistan’s strict control, exercising no real sovereignty of its own. From the outset, the institutional set up in the territory was designed to ensure Pakistan’s control of the area’s affairs. According to the United Nations Commission for India and Pakistan (UNCIP) resolutions, PoK is neither a sovereign state nor a province of Pakistan, but rather a “local authority” with responsibility over the area assigned to it under the Ceasefire Agreement. 

Karachi Pact of 1948

  The “local authority” or provisional government of PoK, established in October 1947 was handed over to Pakistan under the Karachi Agreement of April 28, 1949. Under this pact,  matters related to defense, foreign affairs, negotiations with the UNCIP and coordination of all affairs relating to Gilgit and Baltistan (strategically important territories that now comprise Pakistan’s “Northern Areas” but are claimed by India as part of the state of Jammu and Kashmir), were handed over to Pakistan. 

The `Constitution’ of PoK poses major impediments towards genuine democracy as it bars all those parties and individuals from participating in the political process who do not support the idea of Kashmir’s accession to Pakistan and hence precludes all those who are in favor of PoK’s independence from Pakistan .

PoK `PMs’—replaced, dismissed, arrested

Power in PoK is exercised primarily through the Pakistani army’s General Headquarters in Rawalpindi and its corps commander based in the hill station of Murree, two hours by road from Muzaffarabad. During  the rule of Pakistan’s first military leader, Ayub Khan (1958-68), President K.H. Khurshid of PoK was forced to resign by a mid-level police official and later jailed in Palandari and Dalai Camp. During Prime Minister Zulfikar Ali Bhutto’s government (1972-77), another president of PoK Sardar Qayyum, was suddenly arrested by a mid-level official of the Federal Security Forces in Muzaffarabad and subsequently dismissed. During General Zia-ul-Haq’s government (1977-88), Brig. Hayat Khan was appointed administrator PoK, a post he held for seven years. When a civilian government was reestablished in Pakistan in 1988, Benazir Bhutto’s swearing in as Prime Minister was shortly followed by the installation of an `elected government’ of Bhutto’s Pakistan People’s Party in PoK. When Bhutto was sacked by the president in 1990, PoK `Prime Minister’ Mumtaz Rathore was “escorted” to Islamabad in a helicopter and made to sign a letter of resignation. 

Regarding PoK’s political party landscape, since the early 1990s real decision-making authority and the management of the “Kashmir struggle” has rested firmly with the Pakistani military through the ISI and ISI-backed militant organizations. The Pakistani bureaucracy is the real administrative power, the ISI and the Pakistan army exercise coercive power.  And under the constitution, the elected representatives are subservient to the Kashmir Council controlled by Pakistan. High Court and Supreme Court Judges can only be appointed by approval of the Ministry of Kashmir Affairs in Islamabad. The Minister of Kashmir Affairs can dismiss the PoK’s `PM’, as can the Chief Secretary—another Islamabad appointee. Under Article 56, the President of Pakistan can dissolve the Legislative Assembly. Surely, this is truly a unique form of `self-rule’.